Case law

NJ BLDRS. ASS'N v. Dept. of Environmental Protec.

169 N.J. Super. 76 · New Jersey Superior Court Appellate Division · Jun 12, 1979

In other words, the finding of the Commissioner of DEP of a need of establishment of standards for water quality and septic systems control is clearly supported by ample credible evidence in the record. … The testimony of John Murphy of the United States Geological Survey, a qualified expert with relation to the ground water of the Central Pine Barrens, demonstrated the adequacy of DEP's data for ground water quality.

Anderson Rodrigues Guerini v. Vin-Rick Builders, LLC

New Jersey Superior Court Appellate Division · Apr 21, 2026

To provide an overall context for our opinion, we start with the well-established law of negligence. … Nevertheless, it argues that "because the jury instructions were of such a nature as to have been clearly capable of producing an unjust result" it is entitled to a new trial.

State v. Sivo

341 N.J. Super. 302 · New Jersey Superior Court Appellate Division · Apr 12, 2000

Because this panel has indicated, clearly indicated they wish to explore that, we will, in fact, explore that with the panel. … This is particularly so before the grand jury, where the prosecutor operates without the check of a judge or a trained legal adversary, and virtually immune from public scrutiny.

White v. Williams

208 F.R.D. 123 · District Court, D. New Jersey · Jun 10, 2002

Predominance To establish predominance, Plaintiffs must establish “that questions of law or fact common to the members of the class predominate over any questions affecting only individual members.” … Finally, the proposed class counsel are all qualified and experienced with class action litigation and it *131 does not appear that any of the named Plaintiffs have interests that are antagonistic to other class members.

Tofani v. Lo Biondo Brothers Motor Express, Inc.

83 N.J. Super. 480 · New Jersey Superior Court Appellate Division · Apr 22, 1964

Lessor to maintain and keep equipment in good repair and provide gas, oil, tires and other necessary equipment and furnish a competent and qualified driver and helper(s) if necessary and compensate such driver and helper( … A truck owner picking up laundry for a cleaning establishment and delivering it when ready was held an employee on the unexpressed conviction that picking up and delivery were a normal part of the business.

HITCHMAN EX REL. BROWN v. Nagy

382 N.J. Super. 433 · New Jersey Superior Court Appellate Division · Jan 23, 2006

Counsel, I called you into chambers a few minutes ago, and I advised you of the fact that in his direct examination at the very beginning after he was qualified as an orthopedic surgeon by the court, in response to really … Clearly, a trial judge may intervene in the interest of assuring a fair trial.

Gough v. State

285 N.J. Super. 516 · New Jersey Superior Court Appellate Division · Nov 17, 1995

Appellant apparently added to the oath, "qualify[ing]" it before he signed it. His qualifying amendments to the oath are not in the record before us. … Richardson, 405 U.S. 676 , 92 S.Ct. 1332 , 31 L.Ed. 2d 593 (1972), the United States Supreme Court reviewed prior decisions which involved challenges to oaths and which had resulted in a certain amount of clearly settled

Weinstein v. Paul Revere Insurance

15 F. Supp. 2d 552 · District Court, D. New Jersey · Jul 23, 1998

Under certain circumstances, disability insurance benefits may fall within the definition of “employee welfare benefit plans,” and thus qualify as a “plan” under the civil enforcement provision of ERISA. … Paul Revere has clearly satisfied its burden. It is undisputed that factor one is not satisfied.

The State of New Jersey Ex Rel. Health Choice Group, LLC v. Bayer Corporation

New Jersey Superior Court Appellate Division · Mar 1, 2024

The court then determined that plaintiffs did not qualify as the original source of the information as required by the NJFC Act. See N.J.S.A. 2A:32C-9(c). … The 2023 amendments to the NJFC Act used language clearly indicating that the Legislature intended the amendments to apply prospectively.

State v. Damon Williams

Supreme Court of New Jersey · Jan 19, 2021

So, that is clearly -- The Court: Is that what was on there? Prosecutor: No. .... … To establish theft, on the other hand, the State need establish only that defendant exercised unlawful control over the movable property of another -- the bank’s money. N.J.S.A. 2C:20-3.

AHMED HASSAN VS. ROLAND WILLIAMS (L-0213-16, OCEAN COUNTY AND STATEWIDE)

New Jersey Superior Court Appellate Division · Apr 13, 2021

Hassan would need to establish that Cates's or Witter's statements were "so far contrary to . . . … The excluded evidence was clearly capable of convincing the jury to assign slightly more responsibility to Williams and slightly less to Hassan.

Biniek v. Exxon Mobil Corp.

358 N.J. Super. 587 · New Jersey Superior Court Appellate Division · Feb 5, 2002

The summary judgment standard requires the moving party to establish there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. … Clearly such conduct differs from the factual scenario with which the court is now faced. [4] With the obvious exception of Sarno , of course. 99 N.J.L. at 342 , 124 A. 145 .

In re IGI Securities Litigation

122 F.R.D. 451 · District Court, D. New Jersey · Jul 21, 1988

II. 23(b)(3) In addition to qualifying under Rule 23(a), a party must satisfy one of the provisions of Rule 23(b). … Second, where "defendants can point to no defense which is clearly dispositive or particular to one small group of plaintiffs ... denial of certification is not required as a matter of law where defendants have particular

State v. Judge of the Circuit Court

50 N.J.L. 585 · Supreme Court of New Jersey · Jun 15, 1888

The enactment clearly and expressly prohibited the sale of liquors, and that purpose was not manifest in the title. Mr. Justice Dixon, in State v. … Society, 4 Zab. 385, 395, this distinction is clearly presented by Chief Justice Green.

State v. RB

183 N.J. 308 · Supreme Court of New Jersey · May 23, 2005

s identification does not qualify as a "fresh complaint." … s mother is harmless error as it is not "clearly capable of producing an unjust result." R. 2:10-2. That said, State v. J.Q. reminds us that this is clearly hazardous ground.

Harlem Wizards Entertainment Basketball, Inc. v. NBA Properties, Inc.

952 F. Supp. 1084 · District Court, D. New Jersey · Jan 27, 1997

The federal courts and legal commentators have observed that failure to recognize reverse confusion would essentially immunize from unfair competition liability companies that have well established trade names and the financial … Nonetheless, the survey results introduced by both parties clearly demonstrate that consumer recognition of plaintiff is almost nonexistent.

TOLL BROS, INC. v. Tp. of West Windsor

173 N.J. 502 · Supreme Court of New Jersey · Aug 1, 2002

However, the rale recognizes the problems low income households have in qualifying for mortgages, raising a downpayment and paying for closing costs. … The requirements imposed by the court clearly should include low-income housing units affordable to households with incomes below forty percent of median income.

Wiesenfeld v. Secretary of Health, Education & Welfare

367 F. Supp. 981 · District Court, D. New Jersey · Dec 11, 1973

Accordingly, we are satisfied that the amount in controversy exceeds $10,000 and jurisdiction is properly established under Section 1331. … of sex, enjoining defendant from denying benefits under Section 402(g) to widowers solely on the basis of sex and directing the defendant to make payments to the plaintiff for such periods during which he would have been qualified

See v. Heppenheimer

69 N.J. Eq. 36 · New Jersey Court of Chancery · Apr 3, 1905

think, admitting the directors to have been competent under our statute to act as such in making the contract with Stein, yet, under all the circumstances, the fact that they had not paid one cent for their stock; that the qualifying … But if this remedy were granted the result, as clearly shown in complainant's argument, would be substantially the same.

Nebraskaland, Inc. v. River Street Idealease, LLC

188 F. Supp. 3d 390 · District Court, D. New Jersey · May 18, 2016

The CPLA was enacted by the New Jersey Legislature in 1995 to “establish[ ] requirements and standards for motor vehicle leases.” General Motors Acceptance Corp. v. … Defendant argues that the parties are free to establish the formula for which they will determine the vehicle’s fair market value. (Defs.’ Reply Br. at 6).